The amendments require the Secretary for Justice to take into account an applicant's overall experience as a lawyer when deciding whether the applicant has the experience and competence to be a lead provider or to provide specified legal services. Currently, the principal regulations require the Secretary for Justice to take into account the applicant's experience as a lawyer in the private sector or as a provider, but not experience as a lawyer in the public sector. The amendments will remove that anomaly.

The amendments also widen the experience and competence requirements for category 4 criminal proceedings to recognise experience in appearing as counsel not just for the defence, but also as counsel for the prosecution.

Finally, the amendments clarify that for category 4 criminal proceedings, experience in appearing as counsel must include appearance in at least 1 category 4 criminal proceeding.